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(영문) 광주지방법원 2019.06.11 2019고단1179
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bknife car.

Around 18:30 on February 26, 2019, the Defendant was driving the said car to drive the crosswalk from the south intersection of Gwangju Mine-gu to Dmatet. On the left side of the victim E (the age of 19) driving of the victim E (the age of 19) driving on the crosswalk by negligence in contravention of the signal, led the victim to the death of the severe diculous wound at G Hospital around 21:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for suspended sentence”) [the grounds for suspended sentence] [the scope of recommendation and recommendation] - the mitigated area, and the imprisonment without prison labor for April to one year: The general traffic accident report of the Ministry of Transport and Maritime Affairs [Type 2] the special person who caused the death of a traffic accident - the mitigated element: the mitigated element: the victim was eventually dead due to the instant traffic accident, which is very serious result in the crime.

However, the execution of punishment shall be suspended by taking into account the fact that the bereaved family members of the victim do not want punishment against the defendant by mutual consent with the bereaved family members of the victim and that the defendant has long been sentenced to a fine only once (1987), and other circumstances that are conditions for sentencing, such as the degree of violation of the defendant's duty of care, circumstances after the crime, victim's age (19 years old), defendant's age, character and conduct, environment, etc., as well as the remaining circumstances, such as the degree of violation of the defendant's duty of care.

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